24-612. Rights of way and removal of obstructions in streams; eminent domain proceedings.
24-612
24-612. Rights of way and removal of obstructions in streams;eminent domain proceedings.When said board of supervisors, by order entered of record, has agreedupon a location or route for said ditch or ditches, and formulated aplan for the other improvements contemplated, then, they, in behalf ofsaid district, shall have the right to acquire and if need be condemnany real estate, easement, or franchise, whether the same be within thelimits of such district or outside its boundaries that may be necessaryfor a right of way over or upon which to construct and maintain theditches, dikes, drains and other works contemplated by any of theprovisions of this act, and when the board of supervisors is unable toagree with the owners of any such property as to the acquisition of suchright of way, or if the owners are not residents of the county, orcannot be found, or are minors or persons of unsound mind, or incapableof making a legal contract, the board of supervisors, when other meansare not specifically provided, may proceed to acquire such right of wayunder the power of eminent domain in accordance with K.S.A.26-501 to 26-516, inclusive. Said board of supervisors,in behalf of such district, shall have the right to acquire, and if needbe, condemn in the same manner as hereinbefore provided for theacquirement and condemnation of rights of way, any natural or artificialobstruction in any existing watercourse and remove the same therefromfor the benefit of said district.
History: L. 1911, ch. 168, § 12; L. 1911, H.J.R. No. 15, p. 277; R.S. 1923,24-612; L. 1963, ch. 234, § 65; Jan. 1, 1964.